High CourtsSingle Bench

Sanjay Kumar vs State Of Himachal Pradesh And Others

High Court Of Himachal Pradesh · Decided on 5 November 2020 · Citation: (2020) 11 SHI CK 0052

HON’BLE JUDGES
Ajay Mohan Goel, J
RESULT
Disposed Of
CASE NUMBER
Arbitration Case No. 53 Of 2020

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Judgment

7 paragraphs · 268 words

Ajay Mohan Goel, J

1.

This petition has been filed under Section 9 of the Arbitration and Conciliation Act, 1996, by the petitioner inter alia praying for the following reliefs:-

"It is, therefore, respectfully prayed that the present petition may kindly be allowed and the Respondents may be restrained from taking any coercive action in view of the Annexure P-6 dated 07.08.2020, further the Petitioner may kindly be permitted to complete the work in question during the pendency of the Petition, in the interest of justice. Any other or further relief which this Hon'ble Court may deem fit in the facts and circumstances of the case may kindly be granted in favour of the Petitioner and justice be done."

2.

Today, the Court stands informed that now the learned Arbitrator stands appointed by the Department vide communication dated 15.10.2020.

3.

In this view of the matter, these proceedings are ordered to be closed, but with the direction that interim protection granted to the petitioner vide order dated 01.09.2020 shall continue till the time, in the event of the petitioner filing an application for grant of interim relief along with the claim petition, the same is not decided by the learned Arbitrator.

4.

It is clarified that once the application for grant of interim relief is filed by the present petitioner before the learned Arbitrator, then, the same shall be decided by the learned Arbitrator on its own merit, uninfluenced by any observation made by this Court, either in order dated 01.09.2020 or otherwise.

The petition stands disposed of in above terms, so also pending miscellaneous application(s), if any.